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(영문) 춘천지방법원 2015.03.17 2013가단15558

근저당권말소

Text

1. The defendant

(a) Attached List A.

With respect to each immovable property described in the subsection, the Chuncheon District Court shall have jurisdiction over it.

Reasons

1. Facts of recognition;

(a) Attached List A.

Each real estate listed in the subsection (hereinafter referred to as the “real estate 1 of this case”) is owned by the plaintiff and is listed in the attached list.

The real estate stated in the subsection (hereinafter referred to as the “second real estate of this case”) is the real estate of this case, and each real estate listed in the attached list is the real estate of this case.

The plaintiff and the former spouse C share 1/2 of their respective shares.

B. On November 7, 2012, the establishment registration of a mortgage was completed as of November 7, 2012 on the ground of the creditor and mortgagee, the defendant, the debtor, the maximum debt amount of KRW 100,000,00 for the establishment of a mortgage on the instant real estate as of November 7, 2012.

hereinafter referred to as "the first mortgage of this case" is called the "the first mortgage of this case.

In addition, on May 16, 2012, the establishment registration of a mortgage was completed as of May 24, 2012, with respect to the instant real estate as the Plaintiff and the mortgagee, C, the debtor, and the maximum debt amount of KRW 230,000,000, due to the establishment of a mortgage agreement with respect to the instant real estate No. 2, as of May 24, 2012.

hereinafter referred to as “the instant 2-mortgage”, and the instant 1-mortgage and 2-mortgage are collectively referred to as “the instant 2-mortgage.”

C. The Plaintiff filed a criminal complaint with C around November 12, 2013, asserting that C arbitrarily prepared a written contract to establish a mortgage on the instant real estate No. 1, which was owned by the Plaintiff after theft of the Plaintiff’s seal impression, etc., and that C had completed the registration of the establishment of a mortgage on the instant real estate No. 1. On the same day, C forged and exercises a power of representation on November 7, 2012 without the Plaintiff’s permission, and on the same day, C forged the Plaintiff’s seal which was kept in custody at the time of entering into the instant first mortgage contract and the power of attorney on April 7, 2014.